United States v. Commonwealth &c. Trust Co., 193 U.S. 651 (1904)

U.S. Supreme Court

United States v. Commonwealth &c. Trust Co., 193 U.S. 651 (1904)

United States v. Commonwealth Title

Insurance and Trust Company

No. 172

Submitted March 3, 1904

Decided April 4, 1904

193 U.S. 651

Syllabus

A mortgagee who has foreclosed his mortgage and purchased the property mortgaged at sheriff's sale under a decree of the court is an assignee of the owner of the land within § 2 of the Act of June 16, 1880, 21 Stat. 287.

Where there is a finding by the Court of Claims that a relinquishment was made "as required by the rules and regulations of the Land Office," this Court will presume that the Secretary did his duty and received all receipts and whatever was necessary to revest title in the United States to the land cancelled.

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